Session E
Roles of Law Enforcement and Victim Assistance Professionals
Overview of the Session: At a Glance
Activity: Discussion of Roles, Responsibilities, and Unique Challenges in
Responding to Bias Crimes--20 minutes
Presentation: Investigative Strategies--25 minutes
Presentation: Advocacy on Behalf of Victims and Their Families--15 minutes
TOTAL TIME--60 minutes
Objectives
By the end of this session, participants will be able to:
o Identify the respective roles and responsibilities of law enforcement and victim
assistance professionals when responding to bias crimes
o Identify strategies that facilitate the investigation of bias crimes: securing
evidence, interviewing victims and witnesses effectively, and interrogating
suspects
o Describe essential steps in advocating for bias crime
victims
Materials and Equipment
Time: 60 minutes
Handouts: Important Issues to Address When Assisting Bias Crime Victims
Transparencies: Special Considerations When Interviewing Bias Crime Victims;
Conducting Effective Victim Interviews; Enhancing Witness Cooperation;
Collecting and Preserving Evidence in Bias Crime Investigations; Important
Issues to Address When Assisting Bias Crime Victims
Equipment: Flipchart; markers; overhead projector; screen
Note to Instructor
This exercise is designed to help law enforcement and victim assistance
professionals examine and clarify their roles and responsibilities in responding
to bias crime.
It is also designed to help them become more familiar with one another's roles.
If time allows, you may wish to have participants brainstorm in small groups
before conducting the large-group exercise.
Instructor's Notes
I. Activity: Discussion of the Roles, Responsibilities, and Unique Challenges
in Responding to Bias Crimes (20 minutes)
First, ask for volunteers to identify the roles and responsibilities of law
enforcement professionals in responding to bias crimes.
Record their answers on a flipchart. Provide and explain other roles and
responsibilities that have not been mentioned by participants. Police officers are
responsible for the following:
o Identifying a crime as potentially motivated by bias
o Providing support and assistance to bias crime victims
o Conducting thorough investigations of all alleged bias incidents
o Documenting bias crime incidents and preparing quarterly statistical reports
for the Federal Bureau of Investigation's Uniform Crime Reports Section
o Contacting and maintaining involvement with the district attorneys responsible
for prosecuting these cases
o Interviewing victims and witnesses
o Collecting and preserving evidence
o Interrogating suspects
o Maintaining contact with and referring victims to other support agencies,
including victim assistance programs
o Providing bias crime response training to other police officers and other
police departments
o Maintaining good community relations through the use of police community
liaisons, community policing, and general support to the community
Remove the flipchart page(s) and hang it visibly in the front of the room. Then,
ask for volunteers to identify the responsibilities of victim assistance
professionals in responding to bias crimes. Record their answers on a flipchart.
Provide and explain other responsibilities that have not been mentioned by
participants. These should include the following:
o Providing emergency care to victims
o Providing food to victims, and referring them to shelter when necessary
o Providing safety services, such as helping victims install new locks or replace
broken windows
o Providing emergency financial assistance, such as money for phone calls,
food, or shelter
o Providing on-the-scene comforting words and gestures, and making home
visits shortly after the incident
o Counseling victims immediately following the incident, and providing
follow-up counseling after the incident
--Advocating for victims to ensure they do not lose pay from employers for
time spent in recovery and court
--Facilitating the expedient return of stolen property retained by police
departments as case evidence
--Assisting victims in preparing their victim impact statements
--Referring victims to other resources, such as legal, psychological, and social
services, civil rights and advocacy organizations, and the local religious alliance
--Assisting victims in filling out claims for compensation, restitution, and/or
witness fee assistance
--Providing court-related services, such as witness reception, court orientation,
notification, witness alert, transportation, child care, and escorts to court
--Providing general advocacy services, such as public education, legislative
advocacy, and training of police, prosecutors, and other human service
providers
Ask participants to provide examples of common challenges they face in
responding to bias crime cases. Record their answers on a flipchart, indicating if
the example is a challenge experienced primarily by law enforcement
professionals, victim assistance professionals, or both.
Note to Instructor
Explain that the group is now going to draw on participants' law enforcement
and victim assistance experience to identify techniques for enhancing the
interviewing of bias crime victims and witnesses. The officers' actions will have
a direct bearing on the victim's willingness to cooperate with the investigation.
The victim assistance professionals can both support victims in recovery and
encourage their cooperation in the investigation.
II. Presentation: Investigative Strategies (25 minutes)
Interviewing Victims and Witnesses
Use Transparency E1, "Special Considerations When Interviewing Bias Crime
Victims."
Special Considerations When Interviewing Bias Crime Victims
Take the following preliminary steps before interviewing a bias crime victim:
o Provide extra security for the victim, if needed, and assure the victim that he
or she is safe.
o Tell the victim that you are sorry the incident happened, and ask the victim for
permission to speak to him or her. This is very important, because many victims
fear that law enforcement officials will not believe the incident happened or
understand how traumatic it was. By saying you are sorry, you validate the
victim's feelings.
o Allow the victim to ventilate feelings about the crime, and validate those
feelings by expressing your personal concern for the victim and what he or she
has experienced. Share the victim's outrage, and let the victim know that the
police department takes these crimes seriously and will conduct a full
investigation of the incident.
o If the officer cannot communicate in the language of the victim, arrange for a
translator or ask the victim to select a friend or family member to act as
interpreter. (Be mindful of cultural and privacy considerations that may prohibit
a victim from using a younger member of the family, or a family member of a
different gender, as a translator, even if that person is the only English-speaking
member of the household.)
o Be extremely sensitive to and respectful of the victim, who may be particularly
guarded due to cultural perceptions of law enforcement, or may desire to
conceal or deny his or her affiliation with the group the offender(s) intended to
harm.
o Inform the victim that he or she may experience a range of emotional
responses due to the victimization (e.g., anger, sadness, emotional numbness,
etc.), and that these responses may manifest themselves immediately following
or any time after the incident.
o Do not attempt to diminish the impact of the crime in any way.
o Explain to the victim what is likely to happen during the course of the
investigation, and prepare him or her for any disappointing or frustrating
circumstances (e.g., the release of the suspect).
o Protect the victim's anonymity whenever possible. Anonymity is a significant
issue for many victims of bias crime; for example, many gay and lesbian bias
crime victims are not openly gay, due to family and societal attitudes toward
homosexuality.
Note to Instructor
Explain that the basic skills participants have learned for interviewing victims,
witnesses, and suspects in other criminal cases apply to bias crime cases as
well.
Explain that there are additional considerations when interviewing victims,
witnesses, and suspects in bias crime cases.
Use Transparency E2, "Conducting Effective Victim Interviews."
Conducting Effective Victim Interviews
o Only one officer should conduct the interview. Any other officers present
should remain inconspicuous and not interfere with the interview.
o Allow the victim to tell the whole story in his or her own words. Do not
distract the individual or interrupt the story unnecessarily.
o Language is often the key evidence in bias crimes. Have victims recall to the
best of their ability the exact words of the offender(s).
o Do not ask a victim, "Was this a bias crime?" or in any way press for an
admission that the crime was motivated by bias. The victim may not want to
acknowledge the bias motivation of the crime. Instead, ask, "Do you have any
idea why this happened to you?" or say, "People sometimes get attacked
because of their [race, ethnicity, religion, sexual orientation, etc.]. Was there
anything in the incident that might point in that direction?"
o Do not make assumptions about the victim that may be inappropriate, such as
assuming the victim's sexual orientation. For example, do not ask, "Are you
gay?" Instead, ask victims what they think motivated the attack and why they
think they were victimized.
o If the victim identifies the crime as motivated by bias, acknowledge that
attacks motivated by prejudice can be especially devastating.
o Do not allow personal value judgments of the victim's behavior, lifestyle, or
culture to intrude. Do not blame the victim for the incident. If the victim blames
him or herself for the incident, gently respond that the incident was not the
victim's fault.
o Do not question the victim's judgment in terms of his or her own safety. What
you may interpret as victims placing themselves in unsafe situations, they may
interpret as exercising their rights.
o Use appropriate terminology. Do not use stereotyped or biased terms that
can revictimize the victim, shut down communication, or otherwise impede the
investigation.
o Ask the victim if he or she has been victimized in prior incidents.
o Continually update the victim on the status of the case and what is being done
by the police department. Victims of bias crime are often particularly sensitive
to law enforcement's responsiveness to their needs. Victims from other cultures
may need more direct involvement from law enforcement to overcome cultural
and linguistic barriers.
o Refer the victim to individuals or organizations that can provide support and
assistance. These may include victim assistance agencies, social service
organizations, and clergy in the victim's religious denomination.
Explain that the same strategies for interviewing victims in bias crime cases also
apply to interviewing witnesses. In addition, there are other strategies you can
use to enhance witness cooperation. Use Transparency E3, "Enhancing Witness
Cooperation."
Enhancing Witness Cooperation
o Canvas the entire community, using interpreters as needed. Appeal to
community members' sense of civic responsibility and the chance for them to
assist in ridding their community of these crimes. Canvassing the entire
community sends a message to the community and potential offenders that the
police department does not tolerate such crimes.
o Offer rewards for information regarding the case.
o Remember that bias crimes often involve individuals of races and/or ethnicities
different from the witnesses of the incident. The stereotypes and biases of
witnesses may consciously or subconsciously influence their perceptions of the
incident.
o Be aware that witnesses with the same prejudices and stereotypes of the
offender(s) may present a distorted or inaccurate view of what occurred.
Witnesses who want to deny the existence of hatred in their community may
also provide inaccurate versions.
o Establish memoranda of understanding (MOUs) with local civil rights groups
that spell out referral policies, mutual support of call-in procedures, etc.
Collecting and Preserving Evidence[1]
Explain that the group is now going to draw on the combined expertise of law
enforcement and victim assistance professionals to identify techniques for
enhancing the collection and preservation of evidence in potential bias crimes.
The same techniques for collecting and preserving evidence used in other
investigations should be used for the investigation of bias crimes. Use
Transparency E4, "Collecting and Preserving Evidence in Bias Crime
Investigations."
Collecting and Preserving Evidence in Bias Crime Investigations
o Language: Law enforcement officers should pay particular attention to any
words or phrases that may be bias-related. Exact words and expressions
should be documented as evidence. Note: Language is often the most critical
evidence in a hate crime prosecution.
o Graffiti: Photographs of graffiti consisting of racial, ethnic, religious,
gender-related, or sexual orientation-related epithets and/or symbols should be
taken immediately following the incident. This secures evidence and allows
offensive language and symbols to be removed quickly before other community
members are victimized by them.
o Property damage: As with graffiti, photographs of property damage should be
taken immediately following reporting of the incident. The extent of property
damage may affect whether the crime can be charged as a felony or
misdemeanor.
o Personal injuries: Arrange to have the victim's visible physical injuries
photographed. This may serve as important evidence at the time of trial. Ask
the victim what would make her or him the most comfortable, e.g., having a
police officer of the same gender gathering this type of evidence.
o Symbols: It is important to become familiar with and recognize symbols or
insignias (such as a swastika or the letters KKK) that indicate bias. These
symbols may be found in graffiti, etched or painted into property, or contained
in threatening letters or phone calls. Numbers and numerology have also been
used as part of hate messages. You may need to consult an expert to determine
if a number or symbol has significance.
o Threatening letters: If a threatening letter is received, advise the victim to
preserve potential fingerprint evidence:
--Touch the letter as little as possible
--Avoid faxing or copying the letter
--Place the letter in a paper, not plastic, bag
--Arrange to have an officer pick up the letter to ensure that the chain of
evidence is maintained
o Coordination: The overall effectiveness of law enforcement agencies'
response to bias crime can be enhanced through policies that promote
interagency training, information exchange, and multiagency law enforcement
cooperation. For example,
--Agencies should develop cooperative relationships with county prosecutors
and other concerned federal, state, and local law enforcement agencies, as
appropriate.
--The investigation should be coordinated with other law enforcement agencies
in the area to analyze bias crime patterns and to determine whether an
organized hate group is involved.
Note to Instructor
Bias crimes impact victims in many ways. The impact on individual victims, their
families, and their communities is discussed in more detail in Session B, Victim
Impact. The following section is designed primarily for victim assistance
professionals but is also essential training for law enforcement officials.
Guidelines for addressing cultural concerns related to victim advocacy and
counseling are presented in Session F, Cultural Issues and Community
Strategies for Dealing with Bias Crime.
III. Presentation: Advocacy on Behalf of Victims and Their Families (15
minutes)
Distribute Handout E1, "Important Issues to Address When Assisting Bias
Crime Victims," and use Transparency E5 to discuss what professionals can do
to address victim impact.
Important Issues to Address When Assisting Bias Crime Victims
o Address the victim's physical injuries (if applicable).
o Acknowledge the unique impact of crimes motivated by hatred or prejudice.
In addition to acknowledging the physical, emotional, and financial impact of
hate crime, victims need professionals to address directly the prejudice
motivating the offender. Professionals should address the victim's feelings of
objectification and degradation and acknowledge that these issues are
particularly difficult for the victims of bias crime to discuss.
o Acknowledge that the perpetrator may commit other crimes against the
victim, especially in retaliatory and reactive hate crimes.
o Address the victim's safety. Assist in developing a safety plan and network of
support.
o Be aware of the possibility of prior victimization. Victims of hate crime have
often been previous victims of hate crime by the same perpetrator or
experienced other incidents of victimization. Frequently, victims have not
reported these prior incidents to the police.
o Acknowledge that victims may feel the long-term impact of prior victimization
and discrimination.
o Address the level of fear the victim may feel. Because hate crimes are
message crimes, they terrorize victims. Directly address with the victim what
steps may be taken to reduce this fear.
o Address issues relating to the media. Because hate crimes often attract media
attention, ask the victim if someone can act as a media liaison for him or her.
o Tell the victim that this type of crime is treated very seriously, and explain
your department's or agency's response protocol.
o Acknowledge institutional prejudice and its impact on the victim. Inquire as to
any barriers to accessing services; for example, the victim may encounter
physical, linguistic, or cultural barriers in pursuing a legal case or obtaining
services.
o Acknowledge victims' potential fear in reporting the crime andpursuing their
cases in the court system. Victims of crime who are immigrants without legal
papers may fear deportation. Victims of homophobic hate crime may fear
disclosure. All groups may fear dealing with legal authorities.
o Refer victims to culturally appropriate services.
o Educate yourself about the medical and legal systems in your jurisdiction.
Learn about reporting procedures from the police or sheriff. Obtain copies, if
possible, of the crime/hate crime reporting form to determine what kinds of
information law enforcement will need to build a case, and what types of
questions the victim must be prepared to answer.
o Understand the laws relating to civil rights violations and hate crimes and what
is required to convict an offender under those laws. Help the victim develop
realistic expectations about his or her role, time frames, and potential outcomes
relative to the criminal justice system.
o As hate crimes affect entire communities, consider your role in organizing
community members to respond to the crime and work on prevention initiatives.
Options include the following:
--Organize a community response, public awareness effort, or victim vigil to
show support of both the victim and the entire community affected by the crime.
--Develop coalitions and/or networks to support hate crime victims.
--Coordinate with human relations commissions and specialized advocacy
groups to address victimization:
----Advocate for victims within systems
----Train citizens to provide peer support
----Develop self-help groups for victims
----Refer victims for support and counseling services
----Provide translation services
----Provide court monitoring and advocacy
----Develop multilingual representation and education
----Provide media advocacy
o Educate health care providers, including pre-hospital care providers,
emergency department personnel, and primary care providers, about the unique
impact of bias crime and the special needs of victims. The Annals of Emergency
Medicine has published guidelines for health care professionals on treating bias
crime victims.[2]
Transparency E1
SPECIAL CONSIDERATIONS WHEN INTERVIEWING BIAS CRIME
VICTIMS
o Provide extra security for the victim.
o Tell the victim you are sorry the incident happened.
o Allow the victim to ventilate feelings, and explain that the police department
takes these crimes seriously.
o Use an interpreter, if necessary.
o Be extremely sensitive to and respectful of the victim, especially regarding
cultural differences.
o Inform the victim about the usual range of emotional responses to
victimization.
o Do not attempt to diminish the impact of the crime.
o Explain what is likely to happen during the investigation.
o Protect the victim's anonymity whenever possible.
Transparency E2
CONDUCTING EFFECTIVE VICTIM INTERVIEWS
o Only one officer should conduct the interview.
o Allow victims to tell the whole story in their own words.
o Language is often the key evidence. Have victims recall the exact words of
the offender(s), if possible.
o Ask if he or she has been victimized previously.
o Do not ask "Was this a bias crime?"
o Do not make assumptions about the victim.
o Do not blame the victim or allow personal value judgments to intrude.
o Do not question victims' judgment of their own safety.
o Use appropriate terminology; do not use biased terms.
o Regularly update victim on case status.
o Refer victim for support and assistance.
Transparency E3
ENHANCING WITNESS COOPERATION
o Canvas the entire community, using interpreters as needed.
o Offer rewards for information.
o Remember that biases of witnesses may influence their perceptions.
o Be aware that witnesses may provide inaccurate accounts, for various
reasons.
o Establish memoranda of understanding with local civil rights groups.
Transparency E4
COLLECTING AND PRESERVING EVIDENCE IN BIAS CRIME
INVESTIGATIONS
o Language: Pay particular attention to any words or phrases that may be
bias-related. Document exact words and expressions as evidence.
o Photographs: Take photographs immediately of:
--graffiti
--property damage
--victim's visible personal injuries
o Symbols: Recognize symbols indicating bias (e.g., swastika, KKK, significant
numbers). Call in expert if necessary.
o Threatening letters: Advise victim to:
--touch letter as little as possible
--avoid faxing or copying letter
--place letter in paper (not plastic) bag
--have officer pick up letter
o Coordination: Work with other law enforcement agencies to analyze bias
crime patterns.
Handout E1
Important Issues To Address When Assisting Bias Crime Victims
o Address the victim's physical injuries (if applicable).
o Acknowledge the unique impact of crimes motivated by hatred or prejudice.
In addition to acknowledging the physical, emotional, and financial impact of
hate crime, victims need professionals to address directly the prejudice
motivating the offender. Professionals should address the victim's feelings of
objectification and degradation and acknowledge that these issues are
particularly difficult for the victims of bias crime to discuss.
o Acknowledge that the perpetrator may commit other crimes against the
victim, especially in retaliatory and reactive hate crimes.
o Address the victim's safety. Assist in developing a safety plan and network of
support.
o Be aware of the possibility of prior victimization. Victims of hate crime have
often been previous victims of hate crime by the same perpetrator or
experienced other incidents of victimization. Frequently, victims have not
reported these prior incidents to the police.
o Acknowledge that victims may feel the long-term impact of prior victimization
and discrimination.
o Address the level of fear the victim may feel. Because hate crimes are
message crimes, they terrorize victims. Directly address with the victim what
steps may be taken to reduce this fear.
o Address issues relating to the media. Because hate crimes often attract media
attention, ask the victim if someone can act as a media liaison for him or her.
o Tell the victim that this type of crime is treated very seriously, and explain
your department's or agency's response protocol.
o Acknowledge institutional prejudice and its impact on the victim. Inquire as to
any barriers to accessing services; for example, the victim may encounter
physical, linguistic, or cultural barriers in pursuing a legal case or obtaining
services.
o Acknowledge victims' potential fear in reporting the crime and pursuing their
cases in the court system. Victims of crime who are immigrants without legal
papers may fear deportation. Victims of homophobic hate crime may fear
disclosure. All groups may fear dealing with legal authorities.
o Refer victims to culturally appropriate services.
o Educate yourself about the medical and legal systems in your jurisdiction.
Learn about reporting procedures from the police or sheriff. Obtain copies, if
possible, of the crime/hate crime reporting form to determine what kinds of
information law enforcement will need to build a case, and what types of
questions the victim must be prepared to answer.
o Understand the laws relating to civil rights violations and hate crimes and what
is required to convict an offender under those laws. Help the victim develop
realistic expectations about his or her role, time frames, and potential outcomes
relative to the criminal justice system.
o As hate crimes affect entire communities, consider your role in organizing
community members to respond to the crime and work on prevention initiatives.
Options include the following:
--Organize a community response, public awareness effort, or victim vigil to
show support of both the victim and the entire community affected by the crime.
--Develop coalitions and/or networks to support hate crime victims.
--Coordinate with human relations commissions and specialized advocacy
groups to address victimization:
----Advocate for victims within systems
----Train citizens to provide peer support
----Develop self-help groups for victims
----Refer victims for support and counseling services
----Provide translation services
----Provide court monitoring and advocacy
----Develop multilingual representation and education
----Provide media advocacy
o Educate health care providers, including pre-hospital care providers,
emergency department personnel, and primary care providers, about the unique
impact of bias crime and the special needs of victims. The Annals of Emergency
Medicine has published guidelines for health care professionals on treating hate
crime victims.
Transparency E5
IMPORTANT ISSUES TO ADDRESS WHEN ASSISTING BIAS CRIME
VICTIMS
o Address the victim's physical injuries (if applicable).
o Acknowledge the unique impact of attacks motivated by hatred or prejudice.
o Acknowledge that the perpetrator may commit other crimes against the
victim, especially in retaliatory and reactive hate crimes.
o Address the victim's safety.
o Be aware of possible prior victimization.
o Acknowledge that victims may feel the long-term impact of prior
victimization and discrimination.
o Address the level of fear the victim may feel.
o Address issues relating to the media.
o Tell the victim that this type of crime is treated very seriously, and explain
your department's or agency's response protocol.
o Acknowledge institutional prejudice and its impact on the victim, and inquire
as to any barriers to accessing services.
o Acknowledge victims' potential fear in reporting the crime and pursuing their
cases in the court system.
o Refer victims to culturally appropriate services.
o Educate yourself about the medical and legal systems in your jurisdiction.
o Understand the laws relating to civil rights violations and help victim develop
realistic expectations.
o Organize the community to work on prevention initiatives.
o Educate health care providers on the special needs of bias crime victims.
References
1 Portions of this section were adapted from: U.S. Department of Justice
(1998). National hate crimes training curriculum: Multilevel state and local law
enforcement professionals. Washington, D.C.: U.S. Department of Justice.
2 Hutson, H. R., Anglin, D., Stratton, G., and Moore, J. (June 1997). Hate
crime violence and its emergency department management. Ann Emerg Med
29, 786-791.